NCSB Journal Summer 2026

failed to comply with an obligation of mem bership in the State Bar as established by the administrative rules of the State Bar or by statute, the council may enter an order sus pending the member from the practice of law. Th e order shall be e ff ective 30 days after proof of service on the member. Th e order shall be served on the member by mailing a copy thereof by registered or certified mail or designated delivery service, return receipt requested, to the last-known address of the member contained in the records of the North Carolina State Bar or such later address as may be known to the person attempting service. Service of the order may also be accomplished by (i) personal service by a State Bar investigator or by any person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process, or (ii) email sent to the email address of the member contained in the records of the North Carolina State Bar if the member sends an email from that same email address to the State Bar acknowledging such service. A member who cannot, with due diligence, be served by registered or certified mail, des ignated delivery service, personal service, or email shall be deemed served by the mailing of a copy of the order to the member’s last known address contained in the records of the North Carolina State Bar. (e f ) Procedure upon Submission of a Timely Response to a Notice to Show Evidence of Good Cause (1) Consideration by Administrative Com mittee. If a member submits files awritten timely response to a notice to show cause the suspension order within30 45 daysof the service of the notice order upon the member, the suspension order shall be stayedand the Administrative Committee shall consider the matter at its next regularly scheduled meeting. Th e member may per sonally appear at the meeting and be heard, may be represented by counsel an attorney , and may o ff er witnesses and documents. Th e State Bar Counsel counsel may appear at the meeting on behalf of the State Bar , and be heard, and heard and may o ff er witnesses and documents. Th e burden of proof shall be upon the member to show cause by clear, cogent, and convincing ev idence why the member should not be sus pended from the practice of law for the apparent failure to fulfill an obligation of membership in the State Bar as established by the administrative rules of the State Bar

or by statute. (2) Recommendation of Administrative Committee Decision . Th e Administrative Committee shall determine whether the member has shown cause why the member should not be suspended. If the committee determines that the member has failed to show cause, the committee shall recom mend to the council that the member be suspended. Th e committee shall determine if the member has shown cause why the member should not be suspended. If the committee determines that the member has not met the burden of proof, the mem ber’s suspension shall become e ff ectiveim mediately. Th e decision of the Adminis trative Committee is final. (3) Order of Suspension. Upon the recom mendation of the Administrative Committee, the council may enter an order suspending the member from the practice of law. Th e order shall be e ff ective 30 days after proof of service on the mem ber. Th e order shall be served on the mem ber by mailing a copy thereof by registered or certified mail return receipt requested to the last-known address of the member according to the records of the North Carolina State Bar or such later address as may be known to the person e ff ecting the service. Notice may also be by personal service by a State Bar investigator or any other person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process. Unless the member com plies with or fulfills the obligation of mem bership within 30 days after service of the order, the obligations of a disbarred or sus pended member to wind down the mem ber’s law practice within 30 days set forth in Rule .0128 of Subchapter 01B of these rules shall apply to the member upon the e ff ective date of the order of suspension. If the member fails to fulfill the obligations set forth in Rule .0128 of Subchapter 01B within 30 days of the e ff ective date of the order, the member shall be subject to pro fessional discipline. (f g ) Late Compliance. If a member fulfills the obligation of membership before a suspen sion order is entered by the council, no order of suspension will be entered. If a member satisfies the obligations of membership before the council’s suspension order becomes e ff ective, no suspension order will be entered. (h) Reinstatement. Suspended members

cable late fees shall be assessed and the mem ber shall be placed on a suspension list to be reviewed and approved by the Administrative Committee of the State Bar Council. (c) Suspension Order for Failure to Comply. Upon recommendation of the Administrative Committee, the State Bar Council may enter an order suspending the member from the practice of law (c d ) Service of the Notice Service of Suspension Order . Th e notice order shall be served on the member by mailing a copy thereof by registered or certified mail or desig nated delivery service (such as Federal Express or UPS), return receipt requested, to the last known address of the member contained in the records of the North Carolina State Bar or such later address as may be known to the per son attempting service. Service of the notice order may also be accomplished by (i) person al service by a State Bar investigator or by any person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process, or (ii) email sent to the email address of the member contained in the records of the North Carolina State Bar if the member sends an email from that same email address to the State Bar acknowledging such service. A member who cannot, with reasonable dili gence, be served by registered or certified mail, designated delivery service, personal service, or email shall be deemed served upon publication of the notice in the State Bar Journal . (d e )Entry andE ff ective Date ofOrder of Suspension . upon Failure to Respond to Notice to Show Cause. Unless the member submits a written statement showing good cause within 45 days of being served with the order as to why the suspension should not take e ff ect, the order will become e ff ec tive 45 days after service. If the member does not satisfy all membership obligations or file a written statement showing good cause before the e ff ective date of the order, the obligations of a disbarred or suspended member to wind down the member’s law practice as set forth in Rule .0128 of Subchapter 01B of these rules shall apply to the member. Failure to comply with the requirements of Rule .0128 of Subchapter 01B shall subject the member to profession al discipline. Whenever a member fails to show cause in writing within 30 days of the service of the notice to show cause upon the member, and it appears that the member has

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